Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22809 

ARRA ADJUSTMENTS TO FMAP Q2 FY10—Continued 

State 

FY08 

original 

FMAP 

FY09 

original 

FMAP 

FY10 

original 

FMAP 

Hold 

harmless 

FY10 

Hold 

harmless 

FY10 

FMAP with 

6.2% point 

increase 

3-month 

average 

unemployment 

ending 

Dec 2009 

Minimum 

unemployment 

Unemployment 

difference 

Unemployment 

tier 

Unemployment 

adjustment 

Q2 FY10 

2nd 

quarter 

FY10 FMAP 

unemployment adjustment 

2nd 

quarter 

FY10 FMAP 

unemployment hold 

harmless 

South Carolina ............. 69.79 70.07 70.32 70.32 76.52 12.3 5.5 6.8 11.5 3.06 79.58 79.58 

South Dakota 60.03 62.55 62.72 62.72 68.92 4.7 2.7 2.0 5.5 1.88 70.80 70.80 

Tennessee .... 63.71 64.28 65.57 65.57 71.77 10.7 4.5 6.2 11.5 3.60 75.37 75.37 

Texas ............ 60.56 59.44 58.73 60.56 66.76 8.2 4.4 3.8 11.5 4.18 70.94 70.94 

Utah .............. 71.63 70.71 71.68 71.68 77.88 6.6 2.5 4.1 11.5 2.90 80.78 80.78 

Vermont ........ 59.03 59.45 58.73 59.45 65.65 6.7 3.5 3.2 8.5 3.18 68.83 69.96 

Virginia .......... 50.00 50.00 50.00 50.00 56.20 6.8 2.8 4.0 11.5 5.39 61.59 61.59 

Washington ... 51.52 50.94 50.12 51.52 57.72 9.2 4.4 4.8 11.5 5.22 62.94 62.94 

West Virginia 74.25 73.73 74.04 74.25 80.45 8.9 4.2 4.7 11.5 2.60 83.05 83.05 

Wisconsin ...... 57.62 59.38 60.21 60.21 66.41 8.6 4.4 4.2 11.5 4.22 70.63 70.63 

Wyoming ....... 50.00 50.00 50.00 50.00 56.20 7.5 2.8 4.7 11.5 5.39 61.59 61.59 

[FR Doc. 2010–10055 Filed 4–29–10; 8:45 am] 

BILLING CODE 4150–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Mandatory Guidelines for Federal 

Workplace Drug Testing Programs 

AGENCY: Substance Abuse and Mental 

Health Services Administration 

(SAMHSA), Department of Health and 

Human Services. 

ACTION: Final rule: Change in effective 

date. 

SUMMARY: The Department of Health and 

Human Services (HHS) is changing the 

effective date of the Revisions to the 

Mandatory Guidelines for Federal 

Workplace Drug Testing Programs 

(Mandatory Guidelines) from May 1, 

2010, to October 1, 2010. The purpose 

of this notice is to notify participants in 

Federal and federally-regulated 

workplace drug testing programs as 

soon as possible that they will not be 

expected to implement the revisions to 

the Mandatory Guidelines on May 1, 

2010, so that they do not unnecessarily 

expend resources to comply on May 1, 

or risk compliance problems by 

prematurely implementing new 

provisions. 

DATES: The revisions to the Mandatory 

Guidelines will now become effective 

October 1, 2010. This change in the 

effective date becomes effective April 

30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert L. Stephenson, II, M.P.H., 

Director, Division of Workplace 

Programs (DWP), Center for Substance 

Abuse Prevention (CSAP), Substance 

Abuse and Mental Health Services 

Administration (SAMHSA), 1 Choke 

Cherry Road, Room 2–1035, Rockville, 

MD 20857; Telephone: 240–276–2600; 

E-mail: 

Bob.Stephenson@samhsa.hhs.gov. 

SUPPLEMENTARY INFORMATION: On 

November 25, 2008, HHS published a 

Final Notice of Revisions to the 

Mandatory Guidelines for Federal 

Workplace Drug Testing Programs in the 

Federal Register (73 FR 71858). A 

correction providing the effective date 

of May 1, 2010, was published in the 

Federal Register on December 10, 2008 

(73 FR 75122). The Mandatory 

Guidelines establish the scientific and 

technical guidelines for Federal 

workplace drug testing programs and 

establish standards for certification of 

laboratories engaged in drug testing for 

Federal agencies under authority of 

section 503 of Public Law 100–71, 5 

U.S.C. Section 7301 note and Executive 

Order (E.O.) 12564. The revisions to the 

Mandatory Guidelines address the 

collection and testing of urine 

specimens, the requirements for 

certification of Instrumented Initial Test 

Facilities (IITF), and the role of and 

standards for collectors and Medical 

Review Officers (MRO). 

The Department of Transportation 

(DOT) publishes the Procedures for 

Transportation Workplace Drug and 

Alcohol Testing Programs at 49 Code of 

Federal Regulations (CFR) Part 40. This 

DOT regulation requires the drug and 

alcohol testing of safety-sensitive 

employees in certain DOT-regulated 

industries. Consistent with the Omnibus 

Transportation Employee Testing Act of 

1991, the DOT utilizes the HHS 

laboratory procedures set forth in the 

Mandatory Guidelines in its regulations. 

On February 4, 2010, DOT published 

a notice of proposed rulemaking 

(NPRM) in the Federal Register (75 FR 

5722) announcing revised procedures 

for transportation workplace drug and 

alcohol testing programs. DOT’s final 

rule based on this NPRM will not be 

completed by May 1, 2010. It is 

anticipated that DOT’s rule will be 

issued in time to go into effect by 

October 1, 2010. 

Without this change of effective date 

for the Mandatory Guidelines, 

laboratories certified under the 

Mandatory Guidelines would be 

required to maintain a dual system for 

testing using the revised Mandatory 

Guidelines, and testing for DOTregulated entities covered by the current 

Mandatory Guidelines, until DOT rules 

are issued. Further, the National 

Laboratory Certification Program would 

be required to certify laboratories 

utilizing different sets of requirements. 

The new effective date of October 1, 

2010 will allow time for related training 

in Federal and federally-regulated 

workplace drug testing programs and 

will be consistent with the beginning of 

the new Fiscal Year for Federal 

agencies. 

The Department’s implementation of 

this rule without opportunity for public 

comment, effective immediately upon 

publication today in the Federal 

Register, is based on the good cause 

exemptions in 5 U.S.C. section 

553(b)(3)(B) and 553(d)(3), to the extent 

that 5 U.S.C. title 5 applies. This delay 

in the effective date is temporary, and 

necessary to avoid requiring DOTregulated industries to comply with a 

different set of rules than federal 

workplace drug testing programs, which 

would create a confusing and unfair 

situation in which similarly situated 

employees would be treated 

inconsistently. 

The new implementation date will 

also avoid the unnecessary expenditure 

of scarce resources on compliance with 

different standards; allow time for 

related training in Federal and federallyregulated workplace drug testing 

programs, including HHS coordination 

with testing laboratories on 

implementing new procedures to be 

used in the federal workplace testing 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
22810 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

programs; and be consistent with the 

beginning of the new fiscal year for 

Federal agencies. Given the imminence 

of the current effective date, seeking 

prior public comment on this temporary 

delay would be impractical. Further, 

given the risk of inconsistency and 

confusion from the imposition of 

divergent requirements across federal 

agencies, it has been determined that 

seeking prior comment on this 

temporary delay would be contrary to 

the public interest. The imminence of 

the effective date is also good cause for 

making this rule effective immediately 

upon publication. 

DOT’s rule is expected to issue in 

time to go into effect by October 1, 2010; 

however, should it later appear that 

DOT regulations may not issue in time 

for an October 1, 2010 implementation, 

SAMHSA will undertake notice and 

comment rulemaking to delay the 

effective date further. 

No other changes to the Mandatory 

Guidelines have been made. The new 

effective date for the revisions to the 

HHS Mandatory Guidelines is October 

1, 2010. 

Dated: April 26, 2010. 

Pamela S. Hyde, 

Administrator, Substance Abuse and Mental 

Health Services Administration. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2010–10118 Filed 4–29–10; 8:45 am] 

BILLING CODE 4160–20–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–2552–10] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, HHS. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Centers for Medicare & Medicaid 

Services (CMS), Department of Health 

and Human Services, is publishing the 

following summary of proposed 

collections for public comment. 

Interested persons are invited to send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the Agency’s function; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

1. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Hospital and 

Health Care Complexes Cost Report and 

supporting Regulations in 42 CFR 

413.20 and 413.24; Use: Part A 

institutional providers must provide 

adequate cost data to receive Medicare 

reimbursement (42 CFR 413.24(a)). 

Providers must submit the cost data to 

their Medicare Fiscal Intermediary (FI)/ 

Medicare Administrative Contractor 

(MAC) through the Medicare cost report 

(MCR). The primary function of the cost 

report is to determine the 

reimbursement of providers for services 

rendered to program beneficiaries. The 

FI/MAC uses the cost report to make 

settlement with the provider for the 

fiscal period covered by the cost report. 

Furthermore, the FI/MAC uses the cost 

report to determine the necessity and 

scope of an audit of the records of the 

provider. CMS uses the data collected 

on the MCR to project future Medicare 

expenditures, determine adequate 

deductibles and premiums, and develop 

and update provider market baskets 

mandated for use in updating Medicare 

payment rates. CMS also uses the data 

to offer public use data files. Revisions 

made to update the forms currently in 

use are incorporated within this request 

for approval. Form Number: CMS– 

2552–10 (OMB#: 0938–0050); 

Frequency: Yearly; Affected Public: 

Business or other for-profits and not-forprofit institutions; Number of 

Respondents: 6,174; Total Annual 

Responses: 6,174; Total Annual Hours: 

4,155,102. (For policy questions 

regarding this collection contact Nadia 

Massuda at 410–786–5834. For all other 

issues call 410–786–1326.) 

To obtain copies of the supporting 

statement and any related forms for the 

proposed paperwork collections 

referenced above, access CMS Web Site 

address at http://www.cms.hhs.gov/ 

PaperworkReductionActof1995, or Email your request, including your 

address, phone number, OMB number, 

and CMS document identifier, to 

Paperwork@cms.hhs.gov, or call the 

Reports Clearance Office on (410) 786– 

1326. 

To be assured consideration, 

comments and recommendations for the 

proposed information collections must 

be received by the OMB desk officer at 

the address below, no later than 5 p.m. 

on June 1, 2010. 

OMB, Office of Information and 

Regulatory Affairs, Attention: CMS 

Desk Officer. 

Fax Number: (202) 395–6974. 

E-mail: 

OIRA_submission@omb.eop.gov. 

Dated: April 23, 2010. 

Michelle Shortt, 

Director, Regulations Development Group, 

Office of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 2010–10041 Filed 4–29–10; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10165, CMS– 

10095 and CMS–10003] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Centers for Medicare & Medicaid 

Services (CMS) is publishing the 

following summary of proposed 

collections for public comment. 

Interested persons are invited to send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

1. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Electronic 

Health Records Demonstration System 

(EHRDS)—practice application and 

profile update system; Use: In 2008, the 

Secretary of the Department of Health 

and Human Services directed the 

Centers for Medicare & Medicaid 

Services to develop a new 

demonstration initiative using Medicare 

waiver authority to reward the delivery 

of high-quality care supported by the 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1